GIFT  OF 


CCmnmmtuiealti]  of  iHaeaarlfuartts. 


SUPPLEMENT 


TO 


LAWS  RELATING  TO  ELECTIONS, 


CONTAINING 


LAWS  ENACTED  BY  THE  GENERAL  COURT  DURING  THE 
SESSION  OF  1914, 


PREPARED  BY  THE 

SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON: 

WRIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

32  DERNE  STREJ5T. 

1914. 


,     "iouv^o         oX&  ' 

" 


nf 


SUPPLEMENT 


TO 


LAWS  RELATING  TO  ELECTIONS, 


CONTAINING 


LAWS  ENACTED  BY  THE  GENERAL  COURT  DURING  THE 
SESSION  OF  1914, 


PREPARED  BY  THE 

SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON : 

WEIGHT  &  POTTEB  PRINTING  CO.,  STATE  PEINTEES, 

32  DEBNE  STEEET. 

1914. 


77ie  copies  of  this  pamphlet  which  are  furnished 
to  city,  town  and  other  officers  are  for  their  official 
use,  and  should  be  carefully  preserved  by  them  and 
transmitted  to  their  successors  in  office  so  long  as 
the  laws  contained  in  the  pamphlet  remain  in  force. 


ACTS  OF  1914. 


CHAPTER  329. 

AN    ACT    RELATIVE   TO    NOTICES    OR   WARRANTS    FOR    CALL- 
ING  ELECTIONS   OF   STATE,    CITY   AND   TOWN   OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  hundred  and  seventy-nine  of  chapter  eight  1013,  sss,  §  279, 
hundred  and  thirty-five  of  the  acts  of  the  year  nineteen  *" 
hundred   and   thirteen   is   hereby   amended   by   inserting 
after  the  word  "cities",  in  the  ninth  line,  the  words:  — 
and  in  towns  when  voting  by  precincts,  —  and  by  insert- 
ing after  the  word  "towns",  in  the  tenth  line,  the  words: 

-  when   not   voting   by   precincts,  —  by   inserting   after 
the  word  "may",  in  the  nineteenth  line,  the  words:  —  or 
will,  —  by  inserting  after  the  word  "and",  in  the  twen- 
tieth line,  the  words :  —  in  towns  not  voting  by  precincts, 

-by  striking  out  the  words  "but  they  shall  not",  in  the 
twenty-first  line,  and  inserting  in  place  thereof  the  words: 

-  In  no  town  shall  the  polls,  —  so  as  to  read  as  follows : 

—  Section  279.    Notices  or  warrants  for  meetings  for  state  Notices  or 
and  city  elections  and  for  the  election  of  town  officers  in  JSy^offices, 
towns  where  official  ballots  are  used  shall  specify  by  name  etc> 
all  the  offices  to  be  voted  for,  and  state  in  full  any  pro- 
posed amendment  to  the  constitution  or  other  question 
submitted  to  the  people:    provided,  however,  that  any  act  Proviso, 
submitted  for  acceptance  may  be  stated  by  its  chapter 
number  and  title  only.    They  shall  specify  the  time  when  TO  specify 
the  polls  will  be  opened,  and  in  cities  and  in  towns  when  SjSingand 
voting  by  precincts,  when  the  polls  will  be  closed,  and  in  g{.°sing  of  pollSt 
towns,  when  not  voting  by  precincts,  when  they  may  be 
closed. 

In  cities,  the  polls  may  be  opened  as  early  as  six  o'clock  in  cities,  time 
in  the  forenoon  and  shall  be  opened  as  early  as  ten  o'clock  ckSfng  S5is!lci 
in  the  forenoon  and  shall  be  kept  open  at  least  six  hours, 


293006 


ACTS,  1914.  — CHAP.  345. 


In  towns,  time 
of  opening  and 
closing  polls. 


A  town  may 
by  by-law 
designate 
hour  at  which 
annual  town 
meeting  shall 
be  called,  etc. 


but  in  no  case  after  the  hour  of  eight  o'clock  in  the 
evening. 

In  towns,  at  the  election  of  state  and  town  officers,  the 
polls  may  be  opened  as  early  as  fifteen  minutes  before  six 
o'clock  in  the  forenoon  and  shall  be  opened  as  early  as 
twelve  o'clock,  noon,  and  shall  be  kept  open  at  least  four 
hours,  and  until  the  time  specified  in  the  warrant  when 
they  may  or  will  be  closed;  and  in  towns  not  voting  by 
precincts  they  may  be  kept  open  for  such  longer  time  as 
the  meeting  shall  direct.  In  no  town  shall  the  polls  be 
kept  open  after  the  hour  of  eight  o'clock  in  the  evening. 
At  annual  town  meetings  they  shall  be  kept  open  at  least 
one  hour  for  the  reception  of  votes  upon  the  question  of 
licensing  the  sale  of  intoxicating  liquors.  After  an  an- 
nouncement has  been  made  by  the  presiding  officer  of  a 
time  so  fixed  for  closing  the  polls  they  shall  not  be  closed 
at  an  earlier  hour. 

A  town  may  by  by-law  designate  the  hour  at  which  the 
annual  town  meeting  shall  be  called,  and,  subject  to  the 
provisions  of  this  section,  may  designate  the  hours  during 
which  the  polls  shall  remain  open;  and,  further,  may  pro- 
vide that  all  business,  except  the  election  of  such  officers 
and  the  determination  of  such  matters  as  by  law  are 
required  to  be  elected  or  determined  by  ballot,  shall  be 
considered  after  a  certain  hour,  or  by  adjournment  to 
another  day.  Approved  April  8,  1914. 


1913,  835,  §  13, 
amended. 


Women  may 
vote  for 
members  of 
school  com- 
mittee. 


CHAPTER  345. 

V 

AN   ACT   EELATIVE   TO   THE    RIGHT    OF   WOMEN   VOTERS   TO 
VOTE   FOR   CANDIDATES   FOR   SCHOOL   COMMITTEES. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  Section  thirteen  of  chapter  eight  hundred 
and  thirty-five  of  the  acts  of  the  year  nineteen  hundred 
and  thirteen  is  hereby  amended  by  inserting  after  the 
word  "for",  in  the  fourth  line,  the  words:  —  the  nomina- 
tion and  election  of,  —  so  as  to  read  as  follows:  —  Section 
13.  Every  female  citizen  having  the  qualifications  of  a 
male  voter  required  by  the  preceding  section  may  have 
her  name  entered  upon  the  list  of  voters  for  school  com- 
mittee, and  shall  have  the  right  to  vote  for  the  nomina- 
tion and  election  of  members  of  the  school  committee 


ACTS,  1914.  — CHAP.  345.  5 

upon    complying   with   the   requirements    hereinafter   set 
forth. 

SECTION  2.     Section   one  hundred   and   thirty-three   of  ijjs,  835,  §  133, 
said    chapter    eight    hundred    and    thirty-five    is    hereby  a' 
amended   by   inserting   after   the   word    "more",    in   the 
twenty-second  line,  the  words :  —  Women  who  are  quali- 
fied to  vote  may  sign  nomination  papers  for  candidates 
for  members  of  the  school  committee,  to  be  voted  for  at 
primaries,  and  shall  be  subject  to  all  the  provisions  of  law 
relating  to  such  nomination  papers,  —  so  that  the  first 
paragraph  of  said  section  as  amended  will  read  as  follows: 

-  Every  nomination  paper  shall  state,  in  addition  to  the  Nomination 
name  of  the  candidate,  (1)  his  residence,  with  the  street  {?n7sr,3ete°D~ 
and  number  thereof,  if  any,  (2)  the  office  for  which  he  is 
nominated,  (3)  the  political  or  municipal  party  which  he 
represents,  and  the  paper  may  state,  in  not  more  than 
eight  words,  the  occupation  of  the  candidate,  the  public 
offices  which  he  has  held,  or  that  he  is  a  candidate  for 
renomination,  provided  he  is  at  the  time  an  incumbent  of 
the  office  for  which  he  seeks  renomination  for  another 
term,  but  not  otherwise.  Every  voter  who  signs  such  signatures, 
paper  shall  sign  it  in  person,  with  his  full  surname,  his 
Christian  name,  and  the  initial  of  every  other  name  which 
he  may  have,  and  shall  state  his  residence  of  the  previous 
first  day  of  April,  as  well  as  the  place  where  he  is  then 
living,  with  the  street  and  number  thereof;  but  any  voter 
who  is  prevented  by  physical  disability  from  writing,  or 
who  had  the  right  to  vote  on  the  first  day  of  May  in  the 
year  eighteen  hundred  and  fifty-seven,  may  authorize 
some  person  to  write  his  name  and  residence  in  his  pres- 
ence; and  every  voter  may  sign  as  many  nomination 
papers  for  each  office  to  be  filled  as  there  are  persons  to  be 
nominated  for  or  elected  thereto,  and  no  more.  Women  women 
who  are  qualified  to  vote  may  sign  nomination  papers  for 
candidates  for  members  of  the  school  committee,  to  be 
voted  for  at  primaries,  and  shall  be  subject  to  all  the 

•  11.,  .  committee. 

provisions  or  law  relating  to  such  nomination  papers. 
SECTION  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  13,  1914- 


6 


ACTS,  1914.  — CHAP.  393. 


1913,  835,  §  318, 
amended. 


County 
commissioners 
to  examine 
certain  returns 
of  votes,  etc. 


Notice  to 
secretary  of  the 
commonwealth. 


Returns  of  votes 
for  register  of 
deeds,  Suffolk 
county. 


1913,  835,  §  319, 
amended. 


Board  of 
examiners  to 
examine  in 
certain 
counties,  etc. 


CHAPTER  393. 

AN  ACT  RELATIVE   TO   THE  RETURNS  OF  VOTES  FOR  CER- 
TAIN COUNTY  OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  Section  three  hundred  and  eighteen  of 
chapter  eight  hundred  and  thirty-five  of  the  acts  of  the 
year  nineteen  hundred  and  thirteen  is  hereby  amended  by 
inserting  after  the  word  "residence",  in  the  seventh  line, 
the  words :  —  and  number  of  votes  received  by  each  candi- 
date in  each  city  and  town,  with  the  name,  —  so  as  to 
read  as  follows:  —  Section  318.  The  county  commis- 
sioners to  whom  the  copies  of  the  records  of  votes  for 
county  treasurer  and  register  of  deeds  have  been  trans- 
mitted shall,  on  the  first  Wednesday  of  the  month  follow- 
ing the  election,  examine  such  copies,  determine  what 
persons  appear  to  be  elected,  issue  certificates  of  election 
to  them  and  give  notice  to  the  secretary  of  the  common- 
wealth of  the  name,  residence,  and  number  of  votes  re- 
ceived by  each  candidate  in  each  city  and  town,  with  the 
name  and  term  of  office  of  every  person  elected. 

In  the  county  of  Suffolk,  the  election  commissioners  of 
Boston  shall,  within  ten  days  after  the  election  of  register 
of  deeds,  in  like  manner  examine  the  copies  of  the  records 
of  votes,  determine  who  appears  to  be  elected,  issue  a 
certificate  and  give  notice  as  above  provided. 

SECTION  2.  Section  three  hundred  and  nineteen  of 
said  chapter  is  hereby  amended  by  inserting  after  the 
word  "residence",  in' the  fifteenth  and  sixteenth  lines,  the 
words :  —  and  number  of  votes  received  by  each  candidate 
in  each  city  and  town,  with  the  name,  —  so  as  to  read  as 
follows:  —  Section  319.  In  each  county  except  Suffolk 
and  Nantucket,  the  judge  and  register  of  the  probate 
court  and  the  clerk  of  the  courts  shall  be  a  board  of  exam- 
iners; and  if  two  of  said  offices  are  held  by  the  same 
person  in  any  county,  the  sheriff  shall  be  a  member  of  the 
board.  The  members  of  said  board  shall  each  be  paid  at 
the  rate  of  three  dollars  a  day  for  every  day  employed  in 
the  performance  of  their  duties  and  ten  cents  a  mile  for 
travel  to  and  from  the  place  of  their  meeting;  and  their 
accounts  shall  be  audited  and  settled  by  the  county  treas- 
urer Said  board  shall  meet  on  the  first  Wednesday  of  the 
month  following  an  election  for  county  commissioner  or 


ACTS,  1914.  — CHAP.  435. 

associate  commissioners  and    shall    examine  such  copies, 
determine  what  persons  appear  to  be  elected,  issue  cer- 
tificates of  election  to  them  and  give  notice  to  the  secre-  Notice  to 
tary  of  the  commonwealth  of  the  name,  residence,  and  Srcommo 
n umber  of  votes  received  by  each  candidate  in  each  city  wealth- etc- 
and  town,  with  the  name  and  term  of  office  of  every  per- 
son so  elected,   and   shall,   within  three  days  thereafter 
deposit  said  copies  in  the  office  of  the  clerk  of  the  courts. 
SECTION  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  21,  1914. 


CHAPITER  435. 

AN  ACT  RELATIVE  TO  THE  NAMES  OF  CANDIDATES  INSERTED 
ON  THE   BALLOT. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  Section  two  hundred  and  ninety-two  of  1913' 835-  § 292. 
chapter  eight  hundred  and  thirty-five  of  the  acts  of  the  &' 
year  nineteen  hundred  and  thirteen  is  hereby  amended  by 
inserting  after  the  word  "name",  in  the  seventh  line,  the 
words :  —  and  residence,  —  so  as  to  read  as  follows :  — 
Section  292.  The  voter  on  receiving  his 'ballot  shall, 
without  leaving  the  enclosed  space,  retire  alone  to  one  of 
the  marking  compartments,  and  shall,  except  in  the  case 
of  voting  for  presidential  electors,  prepare  his  ballot  by 
making  a  cross  [X]  in  the  square  at  the  right  of  the  name 
of  each  candidate  for  whom  he  intends  to  vote  or  by 
inserting  the  name  and  residence  of  such  candidate  in  the 
space  provided  therefor  and  making  a  cross  in  the  square 
at  the  right;  and,  upon  a  question  submitted  to  the  vote 
of  the  people,  by  making  a  cross  in  the  square  at  the  right 
of  the  answer  which  he  intends  to  give. 

SECTION  2.     Section   two  hundred  and  ninety-three  of        ras,  §  293, 
said  chapter  is  hereby  amended  by  inserting  after  the  word 
"name",  in  the  ninth  line,  the  words:  —  and  residence,  — 
and  by  inserting  after  the  word  "names",  in  the  thirteenth 
line,    the   words:  —  and   residences,  —  so   as   to   read   as 
follows :  —  Section  293.     A  voter  may  vote  for  an  entire  voting  for 
group  of  candidates  for  presidential  electors  by  making 
a   cross  [X]  in  the  square  at  the  right  of  the  party  or 
political  designation  immediately  above  such  group.     If 
a  voter  does  not  intend  to  vote  for  any  one  candidate  in 


8 


Voting  for 

presidential 

electors. 


ACTS,  1914.  — CHAPS.  454,  611. 

the  group,  he  may  erase  his  name,  and  the  cross  shall 
count  as  a  vote  for  each  of  the  other  candidates  in  such 
group.  If  a  voter  desires  to  vote  for  another  person  in 
place  of  a  candidate  whose  name  he  has  erased,  he  may 
insert  his  name  and  residence  in  one  of  the  blank  spaces 
and  make  a  cross  in  the  square  at  the  right  thereof.  A 
voter  who  does  not  mark  for  any  group  of  candidates  may 
vote  for  candidates  for  electors,  up  to  the  number  to  be 
elected,  by  inserting  names  and  residences  in  the  blank 
spaces  at  the  end  of  the  groups  of  electors  and  making  a 
cross  in  the  square  at  the  right  of  each  name  so  inserted. 
SECTION  3.  This  act  shall  take  effect  upon  its  passage. 

Approved  April  28,  1914. 


1913,  835,  §  1, 
amended. 


CHAPTER  454. 
AN   ACT    RELATIVE   TO   THE    ACCEPTANCE    OF   NOMINATIONS. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.     Section  one  of  chapter  eight  hundred  and 
thirty-five  of  the  acts  of  the  year  nineteen  hundred  and 
thirteen  is  hereby  amended  by  adding  at  the  end  thereof 
Term  " Written  the  words:  —  "Written  acceptance"  shall  mean  personal 
"      signature  or  signature  by  power  of  attorney. 

SECTION  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  30,  1914- 


1913,  835,  §  73, 
amended. 


CHAPTER  611. 

AN    ACT    RELATIVE     TO    THE     SUPPLEMENTAL     LISTING     OF 
MALE   PERSONS  IN  THE   CITY   OF  BOSTON. 

Be  it  enacted,  etc..,  as  follows: 

SECTION  1.  Section  seventy-three  of  Part  I  of  chapter 
eight  hundred  and  thirty-five  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen  is  hereby  amended  by 
inserting  after  the  word  "police",  in  the  sixth  and  also 
in  the  seventh  lines,  the  words :  —  or,  if  he  so  elects, 
he  may  between  the  hours  of  seven  and  ten  o'clock  p.m. 
appear  at  the  police  station  before  the  captain  of  the 
police  division  in  which  he  resides,  or  before  a  lieutenant 
or  sergeant  in  charge  of  the  station  at  the  time  of  his 


ACTS,  1914.  — CHAP.  611.  9 

application,  —  so  as  to  read  as  follows:  —  Section  73.  Listing  of 
If  a  male  person,  twenty  years  of  age  or  upwards,  resident  pr^Lff? 
in  Boston  on  the  first  day  of  April,  was  not  listed  by  the  listej' 
board,  he  shall,  in  order  to  establish  his  right  to  be  listed, 
appear  before  a  member  of  the  board,  the  superintendent, 
a  deputy  superintendent  or  an  inspector  of  police,  or,  if 
he  so  elects,  he  may  between  the  hours  of  seven  and  ten 
o'clock  p.m.  appear  at  the  police  station  before  the  cap- 
tain of  the  police  division  in  which  he  resides,  or  before  a 
lieutenant  or  sergeant  in  charge  of  the  station  at  the  time 
of  his  application,  who  are  hereby  authorized  to  administer 
oaths  for  this  purpose,  and  present  under  oath  a  statement 
in  writing  that  he  was  on  said  day  a  resident  of  said  city, 
giving  his  name,  age,  occupation  and  residence  on  the  first 
day  of  April  in  the  current  year,  and  his  residence  on  the 
first  day  of  April  in  the  preceding  year. 

A  male  person,  twenty  years  of  age  or  upwards,  who  Certain  persona 
becomes  a  resident  of  said  city  after  the  first  day  of  April,  uJSdS*0 be 
and  desires  to  be  listed,  shall  appear  before  a  member  of  JStemlSt  in 
the  board,  the  superintendent,  a  deputy  superintendent  writing,  etc. 
or  an   inspector  of  police,   or,   if  he   so   elects,   he   may 
between  the  hours  of  seven  and  ten  o'clock  p.m.  appear  at 
the  police  station  before  the  captain  of  the  police  division 
in  which  he  resides,  or  before  a  lieutenant  or  sergeant  in 
charge  of  the  station  at  the  time  of  his  application,  who 
are  hereby  authorized  to  administer  oaths  for  this  purpose, 
and  present  under  oath  a  statement  in  writing  that  he 
became  a  resident  of  said  city  at  least  six  months  im- 
mediately preceding  the  election  at  which  he  claims  the 
right  to  vote,  giving  his  name,  age,  occupation  and  resi- 
dence on  the  above  date,  and  his  residence  on  the  first 
day  of  April  in  the  preceding  year. 

If  the  board,  after  investigation,  is  satisfied  that  such  certificate 
statements  are  true,  it  shall  give  such  applicant  a  certifi- 
cate  that  he  was  a  resident  of  said  city  on  said  first  day  etc> 
of  April,  or  a  certificate  that  he  became  a  resident  at 
least  six  months  immediately  preceding  such  election,  as 
the  case  may  be,  which  certificate  shall  state  his  name, 
age,  occupation  and  residence  on  the  first  day  of  April  in 
the  current  year  or  on  the  above  date,  as  the  case  may  be, 
and  his  residence  on  the  first  day  of  April  in  the  preced- 
ing year;    but  no  such  application  shall  be  received  later  Application 
than  the  thirtieth  day  preceding  a  state  or  a  municipal 
election,  and  no  such  person  shall  be  listed  or  be  given 


10 


ACTS,  1914.  — CHAP.  676. 


preceding 
election,  etc. 


To  post  in 
place  where 
oaths  are 
administered 
copy  of 
section  4  60. 


1913,  835,  §  75, 
amended. 


Office  of  police 
commissioner 
to  be  kept  open 
during  certain 
hours. 


such  certificate  later  than  the  twenty-first  day  preceding 
such  state  or  municipal  election.  The  board  shall  not 
after  the  last  day  for  making  such  application  before  a 
state  election  receive  "an  application  until  after  such  elec- 
tion. 

In  every  place  where  oaths  are  administered  for  the  pur- 
pose of  listing  the  board  shall  post  in  a  conspicuous  place 
a  copy  of  section  four  hundred  and  sixty,  printed  on  white 
paper  with  black  ink,  in  type  not  less  than  one  quarter 
of  an  inch  wide. 

SECTION  2.  Section  seventy-five  of  Part  I  of  said  chap- 
ter eight  hundred  and  thirty-five  is  hereby  amended  by 
inserting  after  the  word  "hours",  in  the  second  line,  the 
words:  —  and  shall  take  such  measures,  —  so  as"  to  read 
as  follows :  —  Section  75.  The  police  commissioner  shall 
have  his  office  open  during  such  hours,  and  shall  take  such 
measures,  as  shall  be  necessary  to  carry  out  the  provisions 
of  the  two  preceding  sections. 

Approved  June  3,  1914- 


1913,  835,  § 
amended. 


List  of  voters 
before  a  new 
division  of  a 
city  into  wards, 
etc. 


CHAPTER  676. 

AN    ACT    RELATIVE    TO    THE    RE-DIVISION    OF    CITIES    INTO 
WARDS  AND  VOTING   PRECINCTS. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  Chapter  eight  hundred  and  thirty-five  of 
the  acts  of  the  year  nineteen  hundred  and  thirteen  is 
hereby  amended  by  striking  out  section  sixty-eight  and 
inserting  in  place  thereof  the  following  new  section :  - 
Section  68.  The  registrars  in  every  city,  and  in  Boston 
the  election  commissioners,  after  the  annual  state  election 
in  the  year  nineteen  hundred  and  fourteen,  and  in  every 
tenth  year  thereafter,  shall,  for  the  purpose  of  furnishing 
to  the  city  council  and  the  board  of  aldermen  the  informa- 
tion necessary  for  a  new  division  of  the  city  into  wards 
and  voting  precincts,  deliver  to  the  city  clerk,  on  or  before 
the  first  Tuesday  after  the  said  state  election,  a  list  of  all 
male  voters  therein  who  were  registered  for  such  election, 
which  shall  so  be  arranged  as  to  show  the  number  of  such 
voters  residing  in  each  ward  and  precinct,  if  any,  by 
streets.  The  registrars,  and  in  Boston  the  election  com- 


ACTS,  1914.  —  CHAP.  676.  11 

missioners,  shall  likewise  in  any  other  year,  upon  request 
of  the  board  of  aldermen,  furnish,  for  the  purpose  of 
dividing  the  ward  into  voting  precincts,  a  list  of  the 
male  voters  of  any  ward  in  the  city,  arranged  as  afore- 
said. 

SECTION  2.  Section  two  hundred  and  sixteen  of  said  amended  §  216> 
chapter  eight  hundred  and  thirty-five  is  hereby  amended 
by  striking  out  the  word  "fifteen",  in  the  second  line,  and 
inserting  in  place  thereof  the  word  :  —  fourteen,  —  by 
striking  out  the  words  "before  the  first  day  of  July",  in 
the  second  and  third  lines,  and  inserting  in  place  thereof 
the  words:  —  in  the  month  of  December,  —  and  by  in- 
serting after  the  word  "council",  in  the  third  line,  the 
words:  —  or  corresponding  body,  —  so  as  to  read  as 
follows:  —  Section  216.  A  city  may,  in  the  year  nineteen  wards,  new 
hundred  and  fourteen,  and  in  every  tenth  year  thereafter,  attainto. 
in  the  month  of  December,  by  vote  of  its  city  council  or 
corresponding  body,  make  a  new  division  of  its  territory 
into  such  number  of  wards  as  may  be  fixed  by  law.  The 
boundaries  of  such  wards  shall  be  so  arranged  that  the 
wards  shall  contain,  as  nearly  as  can  be  ascertained  and 
as  may  be  consistent  with  well-defined  limits  to  each 
ward,  an  equal  number  of  voters.  The  city  clerk  shall 
forthwith  give  notice  in  writing  to  the  secretary  of  the 
commonwealth  of  the  number  and  designations  of  the 
wards  so  established. 

SECTION  3.     Section  two  hundred  and  eighteen  of  said  amended.5  218> 
chapter  eight  hundred  and  thirty-five  is  hereby  amended 
by  striking  out  the  word  "September",  in  the  first  and 
second  lines,  and  inserting  in  place  thereof  the  word:  — 
July,  —  and  by  striking  out  the  word  "of",  where  it  first 
occurs  in  the  second  line,  and  inserting  in  place  thereof 
the  word:  —  following,  —  so  as  to  read  as  follows:  —  Sec-  V£JJJJ*  te  under 
tion  218.     On  or  before  the  first  Monday  of  July  in  the  new  division 
year  following  a  re-division  of  a  city  into  wards,  the  alder-  ° 
men   shall   divide   such   city  into   voting  precincts,   con- 
formably to  the  provisions  of  the  preceding  section. 

SECTION  4.     Said  chapter  eight  hundred  and  thirty-five  1^835,  j  219, 
is  hereby  further  amended  by  striking  out  section  two  ai 
hundred  and  nineteen  and  inserting  in  place  thereof  the 
following  new  section:  —  Section  219.     For  all  elections  New  division, 


held  prior  to  the  annual  state  primary  in  the  second  year         *0 
following  a  re-division  of  a  city  into  wards,  and  for  the 


12  ACTS,  1914.  — CHAP.  783. 

assessment  of  taxes  prior  to  such  time,  the  wards  as 
existing  previous  to  such  re-division  shall  continue,  and 
for  such  purposes  the  election  officers  shall  be  appointed 
and  hold  office,  and  voting  lists  shall  be  prepared,  and  all 
other  things  required  by  law  shall  be  done  as  if  no  such 
re-division  had  been  made.  For  all  other  purposes  the 
new  division  shall  take  effect  on  the  thirty-first  day  of 
December  of  the  year  when  it  is  made. 

SECTION  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1914- 


CHAPTER  783. 
AN   ACT   RELATIVE   TO    CORRUPT    PRACTICES   IN   ELECTIONS. 

Be  it  enacted,  etc.,  as  folloics: 

1913, 835,  §  i,  SECTION  1.  Section  one  of  chapter  eight  hundred  and 
thirty-five  of  the  acts  of  the  year  nineteen  hundred  and 
thirteen  is  hereby  amended  by  striking  out  the  paragraph 
beginning  with  the  words  "Political  committee",  in  the 
fifty-fifth  line,  and  inserting  in  place  thereof  the  follow- 
Term  Apolitical  ing:  —  The  term  "political  committee"  under  the  pro- 
visions  of  this  act  relative  to  corrupt  practices,  shall  apply 
to  every  committee  or  combination  of  five  or  more  per- 
sons who  shall  aid  or  promote  the  success  or  defeat  of  a 
political '  party  or  principle  in  a  public  election,  or  shall 
favor  or  oppose  the  adoption  or  rejection  of  a  constitu- 
tional amendment  or  other  question  submitted  to  the 
voters.  The  term  "political  committee"  as  otherwise 
used  shall  apply  only  to  a  committee  elected  in  pursuance 
of  this  act. 

§  348>  SECTION  2.  Said  chapter  eight  hundred  and  thirty- 
five  is  hereby  further  amended  by  striking  out  section 
three  hundred  and  forty-eight  and  inserting  in  place  there- 
Expenditures,  of  the  following:  —  Section  348.  No  person  shall,  in  order 
candidates  to  aid  or  promote  his  own  nomination  or  election  to  a 
limited.  public  office,  either  directly  or  indirectly,  himself  or 

through  another  person,  give,  pay,  expend  or  contribute, 
or  promise  to  give,  pay,  expend  or  contribute  any  money 
or  other  thing  of  value  in  excess  of  the  following 
amounts:  — 


ACTS,  1914.  — CHAP.  783.  13 

Primary.     Election. 

United  States  Senator, $2,500  $5,000 

Governor, 2,500  5,000 

Lieutenant  Governor,  Secretary  of  the  Common- 
wealth, Treasurer  and  Receiver  General,  Auditor 

of  the  Commonwealth,  Attorney-General,     .       .  1,500  3,000 

Member  of  Congress, 1,500  3,000 

State  Senator, 500  500 

For  each  Representative  in  the  General  Court  to 

which  a  district  is  entitled, 100  100 

A  candidate  for  any  other  office  may  expend  an  amount  Same  subject, 
not  exceeding  twenty  dollars  for  each  one  thousand,  or 
major  portion  thereof,  of  the  registered  voters  qualified 
to  vote  for  candidates  for  the  office  in  question  at  the 
next  preceding  election,  but  no  such  candidate  shall  ex- 
pend more  than  fifteen  hundred  dollars  for  the  expenses 
of  a  primary,  nor  more  than  three  thousand  dollars  for 
the  expenses  of  an  election.  Any  candidate  may,  how- 
ever, expend  a  sum  not  exceeding  one  hundred  dollars 
for  primary  or  election  expenses.  Contributions  by  a 
candidate  to  political  committees  shall  be  included  in  the 
foregoing  sums. 

The  sums  hereby  authorized  shall  include  all  contribu-  TO  include 
tions    from    individuals,    political    committees    or    other  ™cntribution3' 
sources  to  a  candidate  or  person  acting  in  his  behalf,  and 
shall   include   every  payment  or  promise  of  payment  for 
any  purpose,  made  directly  or  indirectly  by,  or  for  the 
benefit   of,   a   candidate,   except  payments   and   expendi- 
tures   of    political    committees   hereinafter    provided    for: 
provided,  however,  that  candidates,  for  nomination  or  elec-  proviso. 
tion   to   the   senate   or   house   of   representatives   of   the 
United  States  shall  be  subject  to  the  laws  of  the  United 
States  in  so  far  as  this  act  may  conflict  with  such  laws. 

The  gift,  payment,  contribution  or  promise  of  any  Payments, 
money  or  thing  of  value  in  excess  of  the  sums  hereby 
authorized  to  be  expended  for  the  several  offices,  by  a 
candidate  directly  or  indirectly,  or  by  any  other  person 
or  persons  for  his  benefit,  excepting  political  committees 
as  hereinafter  provided,  shall  be  deemed  a  corrupt  practice. 

Every  candidate  for  nomination  or  election  to  a  public  candidate 
office  shall  keep  detailed  accounts  of  all  money  or  other 
thing  of  value  received  by  or  promised  to  him  or  any 
person  acting  under  his   authority,   and   of  all   expendi- 


14 


ACTS,  1914.  — CHAP.  783. 


Accounts 
may  be  kept 
by  an  agent, 
etc. 


Certain  pay- 
ments to  be 
vouched  for, 
etc. 


1913,  835,  §  349, 
amended. 


Receipts  and 
expenditures 
by  political 
committees. 


Proviso. 


Political 
committees 
not  to  pay 
personal  ex- 
penses of 
candidates, 
etc. 


What  shall 
be  deemed 
personal 
expenses. 


tures  and  disbursements  made  'by  him  or  by  any  person 
acting  under  his  authority.  The  said  accounts  may  be  kept 
by  an  agent  duly  authorized  thereto,  but  the  candidate 
shall  be  responsible  for  the  same.  The  said  accounts  shall 
be  kept  separate  and  distinct  from  any  and  all  other  ac- 
counts and  shall  include  money  or  other  thing  of  value  con- 
tributed or  paid  by  the  candidate  from  his  personal  funds. 

Every  payment  shall,  unless  the  total  expense  payable 
to  any  one  person  is  less  than  five  dollars,  be  vouched  for 
by  a  receipted  bill  stating  the  particulars  of  the  expense, 
and  every  voucher,  receipt,  or  account  hereby  required 
shall  be  preserved  for  six  months  after  the  primary  or 
election  to  which  it  relates.  Failure  by  a  candidate  so  to 
preserve  such  vouchers,  receipts  and  accounts  shall  be 
deemed  prima  facie  evidence  of  a  corrupt  practice. 

SECTION  3.  Said  chapter  eight  hundred  and  thirty- 
five  is  hereby  further  amended  by  striking  out  section 
three  hundred  and  forty-nine  and  inserting  in  place 
thereof  the  following :  —  Section  349.  Political  committees, 
duly  organized,  may  receive,  pay  and  expend  money  or 
other  things  of  value  for  the  purposes  authorized  by  this 
act,  and  may  contribute  to  other  political  committees. 
The  authorized  purposes  of  expenditure  shall  be  adver- 
tising, writing,  printing  and  distributing  circulars  or  other 
publications,  hire  and  maintenance  of  political  head- 
quarters, and  clerical  hire  incidental  thereto,  meetings, 
refreshments  other  than  intoxicating  liquors,  decorations 
and  music,  postage,  stationery,  printing,  expressage, 
travelling  expenses  of  committee,  speakers  and  clerks, 
telephone,  telegraph  and  messenger  service,  hire  of  not 
more  than  one  conveyance  and  not  more  than  two  persons 
at  each  polling  place  on  election  day;  provided,  however, 
that  not  more  than  one  such  conveyance  and  not  more 
than  two  persons  at  each  polling  place  shall  be  hired  to 
represent  the  same  political  party  or  principle. 

A  political  committee  may  contribute  to  the  personal 
fund  of  a  candidate,  but  no  such  committee  shall  pay, 
directly  or  indirectly,  any  personal  expenses  of  any  candi- 
date for  nomination  or  election,  except  by  such  a  contri- 
bution to  the  fund  of  the  candidate.  The  following  ex- 
penses shall  be  deemed,  for  the  purposes  of  this  act,  to 
be  personal  expenses:  —  Travelling  expenses  of  a  candi- 
date and  expenses  properly  incidental  thereto,  writing, 


ACTS,  1914.  — CHAP.  783.  15 

printing  and  distributing  any  letter,  circular  or  other 
publication  or  advertisement  of  or  for  an  individual  candi- 
date, meetings  and  refreshments  for  the  sole  benefit  of 
an  individual  candidate,  hire  and  maintenance  of  personal 
political  headquarters,  and  clerical  hire  incidental  thereto, 
stationery,  postage,  telephone,  telegraph  and  messenger 
service  of  an  individual  candidate,  preparing,  circulating 
and  filing  nomination  papers,  and  the  hire  of  conveyances 
and  workers  at  primaries. 

SECTION  4.     Said    chapter   eight   hundred    and   thirty-  1013, 835,  §  358, 
five  is  hereby  further  amended  by  striking  out  section  a 
three  hundred  and  fifty-eight  and  inserting  in  place  thereof 
the  following :  —  Section  368.     Every  political  committee  certain  political 
not  elected  by  the  voters  in  pursuance  of  this  act  shall  SS£?5«tto 
consist  of  at  least  five  persons  who  are  voters  of  this  com-  Jjjj  ^ce  per~ 
monwealth.    Every  political  committee  shall  have  a  chair- 
man and   a  treasurer  and   shall  file  the  names  of  such 
chairman  and  treasurer,   and,  in  the  case  of  a  political 
committee  not  elected,   a  statement  of  the  purpose  for 
which  such  committee  is  organized  and  the  names  of  at 
least  three  additional  members  of  such  committee,  .with 
the  secretary  of  the  commonwealth,  or  in  city  and  town 
elections  with  the  clerk  of  the  respective  city  or  town,  and  Receipts  or 
no  person  acting  under  the  authority  or  in  behalf  of  such 
a  committee  shall  receive  any  money  or  other  thing  of 
value,  or  expend  or  disburse  the  same  until  the  names  of 
the  chairman  and  of  the  treasurer  and  the  names  of  such 
additional  members,  in  the  case  of  committees  not  elected, 
shall  have  been  so  filed. 

Any  change  in  officers  or  membership  of  any  political 
committee  shall  forthwith  be  certified  to  the  secretary  of  membership 
the  commonwealth  or  to  the  city  or  town  clerk.  The  nedb,eetcrtl~ 
treasurer  of  any  political  committee  shall  remain  subject 
to  all  duties  and  liabilities  imposed  by  this  act  until  the 
appointment  of  a  successor  is  duly  certified  to  the  secre- 
tary of  the  commonwealth  or  city  or  town  clerk,  or  until 
he  files  his  written  resignation  with  such  officer. 

No  expenses  shall  be  paid  or  incurred  by  any  political  NO  expenses 

!  .         .  m  e  i  to  be  paid  or' 

committee  during  any  vacancy  in  the  office  of  treasurer  or  incurred  dur- 
during  any  period  in  which  the  files  of  such  officer  show  ingoffic?ofy 
any  such  vacancy.     Every  treasurer  of  a  political  com- 
mittee  shall  keep  and  preserve  detailed  accounts,  vouchers 
and  receipts,  asjprescribed  for  an  individual  candidate. 


16 


ACTS,  1914.  — CHAP.  783. 


1913,  835,  §  361, 
amended. 


Receipts  or 
disbursements 
by  certain 
persons, 
prohibited. 


Proviso. 


1913,  835,  §  362, 
amended. 


Candidates  to 
file  statement 
if  nothing  is 
received  or  paid. 
1913,  835,  §  363, 
amended. 


Filing  of  a 
false  statement 
to  constitute  a 
corrupt  practice. 
Statements  to 
be  preserved. 


SECTION  5.  Said  chapter  eight  hundred  and  thirty-five 
is  hereby  further  amended  by  striking  out  section  three 
hundred  and  sixty-one  and  inserting  in  place  thereof  the 
following :  —  Section  361 .  No  person,  except  a  person  act- 
ing under  the  authority  or  in  behalf  of  a  political  com- 
mittee having  a  treasurer,  or  a  candidate  for  nomination 
or  election  to  a  public  office,  or  person  acting  under  his 
authority,  shall  receive  money  or  its  equivalent,  or  expend, 
disburse  or  promise  to  expend  or  disburse  money  or  its 
equivalent,  to  aid  or  promote  the  success  or  defeat  of  a 
political  party  or  principle  or  a  constitutional  amendment 
or  other  question  submitted  to  the  voters  in  any  election, 
or  to  aid  or  influence  the  nomination,  election  or  defeat 
of  a  candidate  for  office:  provided,  however,  that  nothing 
herein  shall  be  construed  to  prohibit  any  individual,  not  a 
candidate,  from  contributing  to  political  committees  or  to 
candidates  a  sum  which  in  the  aggregate  of  all  contribu- 
tions by  him  shall  not  exceed  one  thousand  dollars  in  any 
election  and  primary  preliminary  thereto;  and  provided, 
also,  that  nothing  herein  shall  be  construed  to  prohibit 
the  rendering  of  services  by  speakers,  publishers,  editors, 
writers,  checkers  and  watchers  at  the  polls  or  by  other 
persons  for  which  no  compensation  is  asked,  given  or 
promised,  expressly  or  by  implication;  nor  to  prohibit 
the  payment  by  themselves  of  such  personal  expenses  as 
may  be  incidental  to  the  rendering  of  such  services;  and 
nothing  herein  shall  be  construed  to  prohibit  the  free  use 
of  property  belonging  to  an  individual  and  the  exercise  of 
ordinary  hospitality  for  which  no  compensation  is  asked, 
given  or  promised,  expressly  or  by  implication. 

SECTION  6.     Section   three   hundred    and    sixty-two    of 
said    chapter    eight    hundred    and    thirty-five    is    hereby 
amended  by  adding  at  the  end  thereof  the  following :  - 
Or,  if  nothing  has  been  contributed,  expended  or  prom- 
ised by  him,  a  statement  in  writing  to  that  effect. 

SECTION  7.  Section  three  hundred  and  sixty-three  of 
said  chapter  eight  hundred  and  thirty-five  is  hereby 
amended  by  adding  at  the  end  thereof  the  following:  — 
The  filing  of  a  false  statement  by  a  candidate  for  nom- 
ination or  election  shall  constitute  a  corrupt  practice. 

All  statements  shall  be  preserved  for  fifteen  months 
after  the  election  to  which  they  relate  and  shall,  under 
reasonable  regulations,  be  open  to  public  inspection. 


f       ACTS,  1914.  — CHAP.  783.  17 

SECTION  8.     Section   three   hundred   and   sixty-four   of  1913«  *?5i  §  364, 

•  11  •!  i  11  ii«  n  •        •  i         amended. 

said  chapter  eight  hundred  and  thirty-five  is  hereby 
amended  by  inserting  after  the  word  "statements",  in  the 
second  line,  the  words:  —  of  candidates,  —  by  inserting 
after  the  word  "cities",  in  the  third  line,  the  words :  — 
or  towns,  —  by  inserting  after  the  word  "city",  in  the 
fourth,  ninth,  tenth,  fourteenth  and  eighteenth  lines,  the 
words:  —  or  town,  —  by  striking  out  the  word  "sixty", 
in  the  fourth  line,  and  inserting  in  place  thereof  the  word: 
-fifteen,  —  by  inserting  after  the  word  "days",  in  the 
fourth  line,  the  words :  —  and  all  other  statements  within 
sixty  days,  —  by  striking  out  the  word  "ninety",  in  the 
eighteenth  line,  and  inserting  in  place  thereof  the  word:  - 
thirty,  —  by  striking  out  the  word  "sixty",  in  the  nine- 
teenth line,  and  inserting  in  place  thereof  the  word :  — 
ten,  —  so  as  to  read  as  follows :  —  Section  364-  The  sec-  statements  to 
retary  of  the  commonwealth  shall  inspect  all  statements  of 
candidates  filed  with  him,  and  the  clerks  of  cities  or  towns 
shall  inspect  all  statements  relating  to  nominations  and  to 
city  or  town  elections  filed  with  them,  within  fifteen  days 
and  all  other  statements  within  sixty  days  after  the  elec- 
tion to  which  they  relate,  and  if  upon  examination  of  the  Delinquent 
official  ballot  it  appears  that  any  person  has  failed  to  file  £StSed.to 
a  statement  as  required  by  law,  or  if  it  appears  to  the 
secretary  that  any  such  statement  filed  with  him  does  not 
conform  to  law,  or  if  it  appears  to  a  city  or  town  clerk 
that  such  statement  relating  to  a  city  or  town  nomina- 
tion or  election  does  not  conform  to  law,  or  upon  com- 
plaint in  writing  by  five  registered  voters  that  a  statement 
does  not  conform  to  law,  or  that  any  person  has  failed  to 
file  a  statement  required  by  law,  the  secretary  or  city  or 
town  clerk  shall  in  writing  notify  the  delinquent  person. 
Such  complaint  shall  state  in  detail  the  grounds  of  objec- 
tion,  shall  be  sworn  to  by  one  of  the  subscribers,  and  shall 
be  filed  with  the  secretary  or  with  the  proper  city  or  town 
clerk  within  thirty  days  after  the  election  in  question,  or 
within  ten  days  after  the  filing  of  a  statement  or  amended 
statement. 

SECTION  9.     Said  chapter  eight  hundred  and  thirty-five  iJJMgs,  §  m, 
is  hereby  further  amended  by  striking  out  section  three  ai 
hundred  and  sixty-eight  and  inserting  in  place  thereof  the 
following:  —  Section  368.    A  candidate  shall  be  deemed  to  when  a  can- 
have  committed  a  corrupt  practice  who  shall,  either  by  be  deemed  to 


18 


ACTS,  1914.  — CHAP.  783. 


have  com- 
mitted a 
corrupt 
practice. 


1913,  835,  §  369, 
amended. 


Election 
petitions  may 
be  brought 
against 
certain  can- 
didates. 


himself  or  by  another,  violate  the  provisions  of  section 
three  hundred  and  forty-eight  relative  to  the  expenditure 
of  money  in  excess  of  the  amounts  therein  authorized; 
who  shall  make  a  false  return  in  any  statement  filed  in 
accordance  with  sections  three  hundred  and  sixty-two  and 
three  hundred  and  sixty-three  of  this  act;  who  shall, 
either  by  himself  or  another,  pay  or  give,  or  directly  or 
indirectly,  promise  to  a  voter  any  gift  or  reward  to  in- 
fluence his  vote  or  to  induce  him  to  withhold  his  vote; 
who  shall,  either  by  himself  or  another,  aid  or  abet  a 
person,  who  is  not  entitled  to  vote,  in  voting  or  attempt- 
ing to  vote  at  a  primary  or  election,  or  in  voting  or 
attempting  to  vote  under  a  name  other  than  his  own,  or 
in  casting  or  attempting  to  cast  more  than  one  ballot; 
who  shall  either  by  himself  or  another  fraudulently  and 
wilfully  obstruct  and  delay  a  voter;  who  shall,  either  by 
himself  or  another  interfere  with,  hinder  or  prevent  an 
election  officer  from  performing  his  duties,  forge  an  en- 
dorsement upon,  or  alter,  destroy  or  deface  a  ballot;  or 
who  shall,  either  by  himself  or  another,  tamper  with  or 
injure  or  attempt  to  injure  any  voting  machine  or  ballot 
box  to  be  used  or  being  used  in  an  election,  or  shall  pre- 
vent or  attempt  to  prevent  the  correct  operation  of  such 
machine  or  box. 

SECTION  10.  Said  chapter  eight  hundred  and  thirty-five 
is  hereby  further  amended  by  striking  out  section  three 
hundred  and  sixty-nine  and  inserting  in  place  thereof  the 
following :  —  Section  369.  (a)  In  case  five  or  more  voters 
in  the  commonwealth  shall  have  reasonable  cause  to  be- 
lieve that  a  corrupt  practice  as  defined  in  the  preceding 
section  has  been  committed  by  any  successful  candidate, 
for  whom  such  voters  had  the  right  to  vote,  with  reference 
to  his  election,  or  in  his  interest,  or  in  his  behalf  with 
reference  to  such  election,  or  by  any  other  person,  such 
voters  may  apply  to  a  justice  of  the  superior  court,  sitting 
in  equity  within  and  for  the  county  of  Suffolk,  for  leave 
to  bring  an  election  petition  against  such  candidate  pray- 
ing, in  case  of  a  candidate  for  the  United  States  congress, 
or  for  the  senate  or  house  of  representatives  of  the  com- 
monwealth, that  the  election  of  such  candidate  be  investi- 
gated, and,  in  all  other  cases,  that  the  election  of  such 
candidate  be  declared  void.  Such  application  shall  be 


ACTS,  1914.  — CHAP.  783.  19 

subscribed  and  sworn  to  by  the  petitioners  and  it  shall  be 
heard  ex  parte  by  the  justice  of  the  superior  court  in  a 
summary  manner  and  upon  such  evidence  as  he  may 
require;  and  if  the  petitioners  shall  establish  to  his  satis- 
faction that  there  is  reasonable  cause  to  believe  that  a  cor- 
rupt practice  has  been  committed  with  reference  to  the 
election  of  the  candidate  in  question,  and  that  upon  the 
evidence  obtainable  there  is  reasonable  cause  to  believe 
that  such  violations  may  be  successfully  proved,  he  shall 
make  an  order  granting  leave  to  the  petitioners  to  bring 
an  election  petition  against  such  candidate,  and  shall  cause 
to  be  issued  to  the  petitioners  an  attested  copy  of  the 
order. 

(6)  Election  petitions  shall  be  brought  in  the  superior  TO  be  brought 
court  within  and  for  the  county  of  Suffolk  and  shall  be  JjUor  court, 
entered  by  the  clerk  of  said  court  on  a  separate  docket.  suff^\k,°etc. 
No  such  election  petition  shall  be  brought  after  the  ex- 
piration of  two  months  from  the  date  of  the  election  to 
which  it  relates. 

Election  petitions  shall  be  commenced  by  petition  with  Tobecom- 
a  writ  of  subpoena  according  to  the  usual  course  of  pro-  JSon  with 
ceedings  in  equity  and  shall  be  returnable  fourteen  days  JubjS.nl, 
after  the  date  on  which  the  petition  is  filed.    No  subpoena  etc- 
shall  issue  until  an  attested  copy  of  the  order  granting 
leave  to  the  petitioners  to  bring  the  proceeding  shall  be 
filed  with  said  clerk. 

A  subpoena  issued  upon  an  election  petition  shall  be 
served  not  less  than  seven  days  before  the  return  day. 

A  defence  to  an  election  petition  shall  be  by  answer 
which  shall  be  filed  within  seven  days  after  the  return 
day. 

(c)  Election  petitions  and  all  motions  and  other  appli-  Jo  be  heard 
cations,  whether  interlocutory  or  final,  and  all  hearings  on  nSnedeby" 
the  merits  or  upon  the  making,  entering,  or  modifying  of  etcreej 
decrees  therein  shall  be  heard   and  determined  by  three 
justices  of  the  superior  court  who  shall  each  year,  im- 
mediately following  the  annual  state  election,  be  assigned 
by  the  chief  justice  of  said  court  for  the  hearing  and  de- 
termination of  all  matters  arising  under  election  petitions 
during  the  ensuing  year.     No  reference  to  a  master  shall 
be  had  upon  any  matter  arising  under  an  election  peti- 
tion, except  in  matters  of  fact  relating  to  financial  state- 


20 


ACTS,  1914.  — CHAP.  783. 


Proceedings 
to  have  pre- 
cedence, etc. 


Decision  of 
justices  to  be 
final,  etc. 


Case  may  be 
reported  to 
supreme 
judicial 
court. 


Defence. 


ments  and  the  examination  of  accounts  and  vouchers.  All 
proceedings  under  election  petitions  shall  have  precedence 
over  any  case  of  a  different  nature  pending  in  any  court, 
and  the  justices  of  the  superior  court  may  from  time  to 
time  make  such  rules  regulating  the  practice  and  proceed- 
ings in  matters  of  such  election  petitions,  not  inconsistent 
with  this  act,  as  they  may  deem  expedient.  In  the 
absence  of  any  such  rules,  the  practice  and  procedure  in 
election  petitions  shall  be  governed  by  such  laws  or  rules 
of  court,  not  inconsistent  with  this  act,  as  may  from  time 
to  time  be  in  force  relating  to  the  practice  and  proceedings 
in  matters  of  equity. 

(d)  Upon  an  election  petition  the  decision  of  the  three 
justices  of  the  superior  court  assigned  as  aforesaid,  or  of 
a  majority  of  them,  shall  be  final  and  conclusive  upon  all 
matters   in   controversy,    whether   interlocutory   or   final, 
and  whether  in  matters  of  fact  or  matters  of  law.     But 
the  said  justices,  or  a  majority  of  them,  may  in  their 
discretion,  after  a  finding  of  facts,  either  of  their  own 
motion  or  at  the  request  of  either  party,  report  the  case 
to  the  supreme  judicial  court  for  determination  by  the 
full  court;  and  thereupon  like  proceedings  shall  be  had  as 
upon  a  report  after  a  finding  of  facts  by  a  justice  of  the 
superior  court  in  equity  proceedings. 

(e)  It  shall  be  a  defence  to  an  election  petition  if  the 
defendant  establishes  to  the  satisfaction  of  a  majority  of 
the  justices  hearing  the  same  with  reference  to  all  of  the 
violations  of  section  three  hundred  and  sixty-eight  of  this 
act  charged  against  him,  the  following:  — 

(I)  As  to  every  such  violation,  either  that 

(1)  Such  violation  was  not  committed  by  the  candidate 
or  by  any  person  with  his  knowledge  and  in  his  behalf, 
but  was  committed  contrary  to  the  orders  and  without  the 
sanction  or  connivance  of  the  candidate; 

(2)  The  participation,  if  any,  of  the  candidate  in  such 
violation,  arose  from  inadvertence  or  from  accidental  mis- 
calculation, or  from  some  other  reasonable  cause  of  a  like 
nature,  and  in  any  case  did  not  arise  from  any  want  of 
good  faith; 

(3)  The  candidate  took  all  reasonable  means  for  pre- 
venting the  commission  of  violations  of  this  act  with  ref- 
erence to  the  election  in  question; 


ACTS,  1914.  — CHAP.  783.  21 

(4)  The  violations  in  question  were  of  a  trivial,  unim- 
portant and  limited  character. 

(/)  The  court  may  by  an  order  make  the  final  disposi-  Final  dia- 
tion  of  an  election  petition  conditional  upon  the  filing  of  Kadema 
a  statement  required  by  this  act  in  a  modified  form,  or  SSSSl?11 
within  an  extended  time,  and  upon  compliance  with  such  etc> 
other  terms  as  the  court  may  deem  best  calculated  to 
carry  into  effect  the  objects  of  this  act,  and  in  such  case 
the   court   shall   require,   within   a   time   certain,   further 
proof  as  to  the  compliance  with  the  conditions  of  such 
order,  whereupon  a  final  decree  shall  be  entered. 

(g)  If  upon  the  hearing  of  an  election  petition,  a  major-  Decree  shall 
ity  of  the  justices  hearing  the  same  shall  find  that  in  re-  toSSS? 
lation  to  the  election  of  the  candidate  in  question  a  cor-  Case8- 
rupt  practice,  as  defined  in  section  three  hundred  and 
sixty-eight  of  this  act  was  committed,  either  by  the  de- 
fendant or  in  his  interest,  or  on  his  behalf,  by  any  person, 
a  decree  shall  be  entered  subject  to  the  limitations  and 
conditions  hereinbefore  prescribed,  declaring  void  the 
election  of  the  -defendant  to  the  office  in  question,  and 
ousting  and  excluding  him  from  such  office  and  declaring 
the  office  vacant:  provided,  however,  that  if  an  election  Proviso. 
petition  is  brought  to  investigate  the  election  of  a  member 
of  the  senate  or  house  of  representatives  of  the  common- 
wealth, or  of  the  United  States  congress,  and  the  court  or 
a  majority  of  them  shall  find  that  violations  of  this  act 
have  been  committed  with  reference  to  such  election,  of 
such  a  nature  that  a  decree  would  otherwise  be  entered 
declaring  void  the  election  or  ousting  or  excluding  the 
candidate  from  such  office  and  declaring  the  office  vacant, 
the  court  shall,  subject  to  the  limitations  and  conditions 
hereinbefore  prescribed,  enter  a  decree  declaring  that  with 
respect  to  the  election  of  the  said  candidate  a  corrupt 
practice  was  committed  and  setting  forth  the  facts  rela- 
tive to  such  finding,  and  shall  forthwith  certify  the  decree 
and  declaration  to  the  secretary  of  the  commonwealth, 
to  be  by  him  transmitted  to  the  presiding  officer  of  the 
legislative  body  to  which  the  defendant  was  elected. 

(h)  No  person  who  is  called  to  testify  upon  an  election  witne93not 
petition  shall  be  excused  from  testifying  or  producing  any 
papers  on  the  ground  that  his  testimony  may  tend  to  in- 
criminate him  or  subject  him  to  a  penalty  or  forfeiture, 


22 


ACTS,  1914.  — CHAP.  783. 


Decree  not  to 
be  a  bar  to 
criminal 
prosecution, 
etc. 


Copy  of  final 
decree  to  be 
transmitted 
to  secretary 
of  the  com- 
monwealth. 
Filling  of 
vacancy. 


District 
attorney  to 
be  notified 
in  certain 
cases,  etc. 


may  issue. 


1913,  835,  §  371, 
amended. 


but  he  shall  not  be  prosecuted  or  be  subjected  to  any 
penalty  or  forfeiture,  except  forfeiture  of  election  to  office, 
for  or  on  account  of  any  action,  matter  or  thing  concern- 
ing which  he  may  so  testify,  except  for  perjury  committed 
in  such  testimony. 

(i)  No  decree  entered  upon  an  election  petition  shall 
be  a  bar  to  or  affect  in  any  way  any  criminal  prosecution 
of  any  candidate  or  other  person,  or  any  inquest  in  ac- 
cordance with  sections  three  hundred  and  seventy-two 
to  three  hundred  and  seventy-eight,  inclusive,  of  this 
act. 

(j)  A  certified  copy  of  any  final  decree  entered  upon 
an  election  petition,  as  provided  by  this  act,  shall  forth- 
with be  transmitted  by  the  clerk  to  the  secretary  of  the 
commonwealth;  and  any  vacancy  in  any  office  created  by 
any  such  decree,  or  by  any  action  of  the  senate  or  house 
of  representatives  upon  any  such  decree,  shall  be  filled 
in  the  'manner  provided  by  law  in  case  of  the  death  of  the 
incumbent,  but  in  no  case  shall  the  candidate  so  excluded 
from  the  office  be  eligible  therefor. 

(k)  If  upon  the  hearing  of  an  election  petition  it  shall 
appear  to  the  court  or  to  a  majority  of  the  justices  there- 
of that  with  reference  to  the  election  in  question  there  is 
a  reasonable  presumption  that  any  violation  of  this  act 
was  committed,  such  court  or  majority  of  the  justices 
thereof  shall  cause  notice  of  the  facts  to  be  given  by  the 
clerk  of  said  court  to  the  district  attorney  for  the  county 
in  which  the  violation  appears  to  have  been  committed, 
with  a  list  of  the  witnesses  to  establish  the  violation,  and 
any  other  information  which  the  court  or  justices  may 
consider  proper;  and  thereupon  the  district  attorney  shall 
cause  complaint  therefor  to  be  made  before  a  magistrate 
having  jurisdiction  thereof  or  shall  present  the  evidence 
thereof  to  the  grand  jury.  Said  court  or  a  majority  of 
the  justices  thereof  may  issue  process  for  the  apprehen- 
sion of  any  person  so  appearing  to  have  committed  a  vio- 
lation of  this  act,  and  may  bind  over,  as  in  criminal  prose- 
cutions, such  witnesses  as  they  deem  necessary  to  appear 
and  testify  at  the  court  having  jurisdiction  over  the  crime. 

SECTION  11.  Section  three  hundred  and  seventy-one 
of  said  chapter  eight  hundred  and  thirty-five  is  hereby 
amended  by  inserting  after  the  word  "officers",  in  the 


ACTS,  1914.  — CHAP.  783.  23 

third  line,  the  words:  —  in  towns  of  less  than  ten  thou- 
sand inhabitants,  —  and  by  striking  out  the  word  "fifty", 
in  the  ninth  line,  and  inserting  in  place  thereof  the  word : 
-forty-nine,  —  so  as  to  read  as  follows:  —  Section  871.  Nominations 
The  provisions  of  this  act  relative  to  corrupt  practices 
shall  apply  to  all  public  elections,  except  of  town  officers 
in  towns  of  less  than  ten  thousand  inhabitants,  and  to 
elections  by  the  general  court  and  by  city  councils,  and 
by  either  branch  thereof,  to  the  nomination  by  primaries, 
caucuses  and  conventions  and  nomination  papers  of  candi- 
dates to  be  voted  for  at  such  elections.    The  term  "polit-  Term 
ical  committee"  as  defined  in  section  one,  and  sections  wSmSee" 
three   hundred   and   forty-eight   and   three   hundred   and  fn°L?ta*Pply 
forty-nine   shall   not   apply  to  the  proprietors   and  pub-  cases- 
Ushers    of    publications    issued    at    regular    intervals,    in 
respect  to  the  ordinary  conduct  of  their  business. 

SECTION  12.     Said  chapter  eight  hundred  and  thirty-  1913,  sss,  §  497, 
five  is  hereby  further  amended  by  striking  out  section  amended- 
four   hundred    and    ninety-seven    and   inserting   in   place 
thereof  the  following :  —  Section  497.     Whoever  is  found  ^ 
by  final  judgment  upon  an  election  petition,  as  provided 
for  in  section  three  hundred  and  sixty-nine  of  this  act,  to  corrupt 
have  committed  a  corrupt  practice,  and  shall,  in  accord-  P' 
ance  with  such  finding,  forfeit  the  office  to  which  he  has 
been  elected,  or  whoever  is  convicted  in  a  criminal  pro- 
ceeding of  violating  any  provision  of  law  relating  to  cor- 
rupt practices  in  elections  shall  be  disqualified  as  a  voter 
for  a  period  of  three  years  following  the  date  of  his  con- 
viction,   and   shall   be   deemed   ineligible   to   hold   public 
office  for  the  said  period. 

SECTION  13.     Said  chapter  eight  hundred  and  thirty- 1913, 335,  §  495, 
five  is  hereby  further  amended  by  striking  out  section  four  amended- 
hundred  and  ninety-eight  and  inserting  in  place  thereof 
the  following :  —  Section  498.     The  secretary  of  the  com-  Notice  to  be 
monwealth  in  proceedings  based  upon  an  election  petition, 
as  provided  in  section  three  hundred  and  sixty-nine  of  this 
act,  and  the  clerk  of  the  court  wherein  a  person  is  con-  town  wherein 
victed  of  a  violation  of  any  provision  of  law  relating  to 
corrupt  practices  in  elections,  shall,  within  ten  days  after 
final   judgment  on   such   election  petition   or  conviction, 
forward  to  the  clerk  of  the  city  or  town  wherein  the  de- 
fendant resides  a  certified  copy  of  the  record  of  the  final 


24 


ACTS,  1914.  — CHAP.  783. 


Name  to  be 
stricken  from 
roll  of  regis- 
tered voters. 


Repeal  not 
to  affect 
certain  pro- 
ceedings, etc. 


When  to  take 
effect. 


judgment  or  conviction,  and  the  name  of  such  person  shall 
forthwith  be  stricken  from  the  roll  of  registered  voters  of 
the  city  or  town  for  a  period  of  three  years. 

SECTION  14.  The  repeal  of  an  existing  law  by  this  act 
shall  not  affect  any  act  done  or  any  right  accrued,  or  any 
action,  suit  or  proceeding  begun  before  the  repeal  or  pend- 
ing at  the  time  of  the  repeal. 

SECTION  15.  This  act  shall  take  effect  on  the  first  day 
of  August  in  the  year  nineteen  hundred  and  fourteen. 

Approved  July  7,  1914- 


A  true  copy.     Attest: 


Secretary  of  the  Commonwealth. 


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